Law:

Section:

section 139 of the income-tax act, 1961 (prior to its amendment in 1970)-return of income-whether interest was chargeable for late filing of return even though no application was filed for extension of time-held, yes Facts For the assessment years 1964-65 and 1967-68, the assessee filed returns beyond the time fixed by the notices served under section 139(2) without applying for extension of time either under section 139(1) or section 139(2). The ITO charged interest for late filing of the returns and the AAC confirmed the same. The Tribunal, however, held that in view of the provisions as they stood at the relevant time, the interest was not chargeable because the assessee had not applied for extension of time. On reference: Held Making of an application for extension of time was irrelevant to the liability to pay interest. Interest was payable under section 139(2) [as it stood prior to its amendment by the Taxation Laws (Amendment) Act, 1970] for filing of returns beyond the time fixed by the notices served under sub-section(2) of section 139 even where the assessee had not applied for extension of time. Case review ITO v. Secunderabad Tin Industries [1978] 113 ITR 1 (AP) (FB) and Shankar Lall Goenka v. ITO 1978 TLR 868 (Guj.) followed. Cases referred to CIT v. Bahri Bros. (P.) Ltd. [1976] 102 ITR 443 (Pat.), Garg & Co. v. CIT [1974] 97 ITR 639 (Delhi), Indian Telephone Industries Co-operative Society Ltd. v. ITO [1972] 86 ITR 566 (Mys.), ITO v. Secunderabad Tin Industries [1978] 113 ITR 1 (AP)(FB), Shankarlall Goenka v. ITO [1979] 119 ITR 229 (Gauhati)(FB), Kishanlal Haricharan v. ITO [1971] 82 ITR 660 (AP), Mulakh Raj Bimal Kumar v. ITO [1977] 107 ITR 382 (J&K) and Progressive Engineering Co. v. ITO [1976] 105 ITR 226 (AP). JUDGMENT Satish Chandra, CJ.-This reference relates to the assessment years 1964-65 and 1967-68. The two questions referred for our opinion are in respect of these years. In substance, the question is whether interest is payable for late filing of the return in spite of service of notice under section 139(2) of the Act and without application for extension of time and without any order by the ITO extending the time for filing the…

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